82R7240 TJS-D
 
  By: Anderson of Dallas H.B. No. 3622
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability for the death of a pet.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 87A to read as follows:
  CHAPTER 87A. LIABILITY FOR DEATH OF PET
         Sec. 87A.001.  DEFINITIONS. In this chapter:
               (1)  "Governmental unit" has the meaning assigned by
  Section 42.001.
               (2)  "Pet" means a domesticated animal, including a cat
  or dog, that is owned by an individual and kept in or near the
  household of the individual for the primary purpose of
  companionship.
         Sec. 87A.002.  LIABILITY. (a)  A person is liable as
  provided by Subsection (b) if the person engages in conduct that:
               (1)  intentionally causes the death of a pet; or
               (2)  negligently causes the death of a pet and the
  conduct takes place:
                     (A)  on the property of the pet's owner or
  caretaker; or
                     (B)  while the pet is under the control or
  supervision of the pet's owner or caretaker.
         (b)  A person who is liable under Subsection (a) is liable to
  the pet's owner for damages and any other appropriate relief for the
  loss of companionship or society of the pet.
         Sec. 87A.003.  LIMITATION ON DAMAGES. (a)  In an action for
  the death of a pet under this chapter, damages, including
  noneconomic and exemplary damages, may not exceed $5,000 for each
  pet.
         (b)  Noneconomic damages awarded under this chapter are
  solely for the loss of reasonably expected companionship or society
  of the pet. This section may not be construed to limit the amount of
  damages recoverable in any other cause of action.
         Sec. 87A.004.  APPLICABILITY. (a)  This chapter does not
  apply to the official act or omission of a nonprofit entity or a
  governmental unit or to an employee or officer of a nonprofit entity
  or governmental unit.
         (b)  This chapter may not be construed to provide for the
  recovery of noneconomic damages from a licensed veterinarian in an
  action for veterinary malpractice or negligence.
         SECTION 2.  Chapter 87A, Civil Practice and Remedies Code,
  as added by this Act, applies only to conduct that takes place on or
  after the effective date of this Act. Conduct that takes place
  before the effective date of this Act is governed by the law in
  effect immediately before that date, and that law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.